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Wills, Trusts & Estates

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Wednesday, February 05, 2020 @ 9:44 AM

Whaley Estate Litigation Partners adds associate

Whaley Estate Litigation Partners (WEL) announced that Sareh Lua Ebrahimi is now an associate lawyer with the firm after her January 2020 call to the Ontario bar. ... [read more]

Tuesday, February 04, 2020 @ 2:45 PM

Dying with an IRA: Tax planning after U.S. changes U.S. dollar nest eggs

On Dec. 20, 2019, U.S. President Donald Trump signed into law the Setting Every Community Up for Retirement Enhancement (SECURE) Act. The purported intention of the SECURE Act is to provide greater access to tax-advantaged accounts and decrease the chances of outliving one’s assets. ... [read more]

Tuesday, February 04, 2020 @ 8:34 AM

The use of secret trusts in estate litigation: Proving it secret_trust_sm

Further to a previous article discussing secret trusts, this article will explore cases where the court has found the existence of a secret trust. As discussed previously, the keys to recognizing a secret trust are 1) the intention to create the trust, and 2) communication and acceptance of the objects and the trusteeship. The case law demonstrates that the credibility of witnesses on these points is of the utmost importance. ... [read more]

Thursday, January 30, 2020 @ 12:43 PM

Estate law treatment of contemporary relationships needs a refresh samesex_couple_sm

A New York State Surrogate Court dispute over a US$9 million estate has brought to light important issues in estate law as it pertains to common law spouses, same-sex couples and whether the law’s treatment of these relationships is fair, equitable and in accordance with modern societal norms. The case (Matter of Morris, 2019 NY Slip Op 30514 (U), 2016-2746/A) also serves as a stark reminder of the crucial importance of a well-drafted, up-to-date will that accurately and unambiguously reflects the testator’s intention. ... [read more]

Wednesday, January 29, 2020 @ 1:03 PM

The use of secret trusts in estate litigation: Uphill battle secret_trust_sm

Secret trusts have long been a settled doctrine in estates law, dating back to at least the 18th century and originally arising for the purpose of fraud prevention.  ... [read more]

Wednesday, January 29, 2020 @ 11:48 AM

Clark Wilson names five new partners

Clark Wilson LLP announced the appointment of five new partners, Athar Malik, Avery Saunders, Gordon Behan, Karen Ngan and Katie Mak. ... [read more]

Monday, January 27, 2020 @ 8:55 AM

WILLS - Testamentary capacity - Legal capacity - Knowledge and approval

Action by the Public Trustee for a declaration that the deceased’s 2012 Will modified by the 2013 Codicil was a valid Will. The deceased died in 2013 at age 93. ... [read more]

Monday, January 27, 2020 @ 8:40 AM

Windows 7 died without will and estate plan windows_update_sm

We love to stay current on tectonic shifts in technological innovation when they are shiny new objects, or future technology promises to transform our paradigm or save our world. But what about the back-office aspects of technology, namely, the maintenance side? ... [read more]

Friday, January 24, 2020 @ 12:22 PM

Cox & Palmer names new managing partner of P.E.I. offices

Cox & Palmer announced that Robin Aitken has been appointed managing partner of the Prince Edward Island offices. ... [read more]

Friday, January 24, 2020 @ 9:20 AM

Cyber threat to high net worth individuals growing data_proection_sm

Most multimillion-dollar corporations have robust privacy and security programs, or are in the process of developing them to protect their corporate crown jewels. However, as corporate entities are developing sophisticated processes to mitigate against cyberattacks, hackers have discovered another artery through which to get to these precious stones, leaving high net worth individuals (HNWI), their estates and family offices vulnerable to cyberattacks and privacy breaches. ... [read more]